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Does Driving without Insurance constitute a criminal record?

Alora72

Newbie
Sep 4, 2009
1
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I was caught driving without insurance in the Uk, paid a fine and got a 6 points on my license, does this constitute a criminal record and will I be refused entry to canada?
Pls do I need to disclose it when asked this question on the immigration form: Have you been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceddings in any country? YES or NO.

Thank you,

Alora72
 

goolash

Newbie
Sep 7, 2009
6
0
"Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences."

Of course it constitues a criminal offence, because it IS a criminal offence!

So yes you would have to declare it.
 

PMM

VIP Member
Jun 30, 2005
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HI

goolash said:
"Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences."

Of course it constitues a criminal offence, because it IS a criminal offence!

So yes you would have to declare it.
Not in Canada, it falls under the Provincial Motor Vehicle Acts.

PMM
 

PMM

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Jun 30, 2005
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Hi

AngelRose17 said:
Driving without Insurance constitute a criminal record... You are violating the law... Each state treats driving without a license and driving with a suspended ... Avoid getting in trouble with the law by not driving in either case with advice


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Well since there are no states in Canada, you may wish to read the Criminal Code of Canada and find the sections on driving without insurance (you won't) http://www.efc.ca/pages/law/cc/cc.html

PMM
 

ImmEnforce

Star Member
Oct 15, 2009
71
1
Since it's two against one...I thought I would jump in.

There are a number of things that have to be taken into consideration when determining admissibility.

Is this offence considered a crime in the other country? Was there actually a conviction registered? In some areas you can be charged with a criminal offence, but be found guilty of a violation. This is not a crime. The criminal offence must be equated to a criminal offence in Canada.

So in this case.......Even if the other country considers this offence to be criminal.....Canada does not. It would be a violation of a provincial statute.
 

alexevans

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Jan 29, 2010
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Yes driving without insurance constitute a criminal offence. My friend is a police officer and I once asked him this question. Other road traffic offenses like driving without MOT or Roadtax etc are not.
 

PMM

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Jun 30, 2005
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Hi

alexevans said:
Yes driving without insurance constitute a criminal offence. My friend is a police officer and I once asked him this question. Other road traffic offenses like driving without MOT or Roadtax etc are not.
Obviously your friend is not a Canadian police officer, as there is not MOT nor Road Tax in Canada. It is a traffic ticket not a criminal code offence in Canada.

PMM
 

toby

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Thank God for PMM -- a voice of reason and knowledge.
 

McEvoy08

Newbie
Jun 28, 2011
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Hi PPM

I was just wondering whether you are 100% confident that driving without insurance does not constitute a criminal offence and what is your backing for this assumption? I am considering applying for a student visa to Canada and was wondering whether I need to disclose this offence or not?

Your help is much appreciated!!
 

steaky

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McEvoy08 said:
Hi PPM

I was just wondering whether you are 100% confident that driving without insurance does not constitute a criminal offence and what is your backing for this assumption? I am considering applying for a student visa to Canada and was wondering whether I need to disclose this offence or not?

Your help is much appreciated!!
In Canada, it's not a criminal offence. But it might be one in other countries in the world.
 

toby

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Given the uncertainty surrounding this issue, whether you answer "yes" or "no", it would be wise to drop a footnote explaining the background. I would say "no", since driving without insurance is not (according to PMM) a criminal offence in Canada. But if it is a criminal offence in your country, then explain what happened in a cover letter or footnote. That way you can never be accused of misrepresentation.
 

Alabaman

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Alora72 said:
I was caught driving without insurance in the Uk, paid a fine and got a 6 points on my license, does this constitute a criminal record and will I be refused entry to canada?
Pls do I need to disclose it when asked this question on the immigration form: Have you been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceddings in any country? YES or NO.

Thank you,

Alora72
I wouldn't worry about it. Dont even list it.
 

McEvoy08

Newbie
Jun 28, 2011
2
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Thanks everyone for their response

I checked out the Canadian Crminal Code and the only driving offences which seems to reach a level of "criminal culpability" are that of 1.) driving under the influence and 2.) dangerous driving which is a relief! I guess my best bet is to answer "no" and then briefly explain the driving offence just in case it could come back to haunt me again later ( given that it is a criminal offence in Ireland, but apparently no so in Canada).
 

toby

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McEvoy08 said:
Thanks everyone for their response

I checked out the Canadian Crminal Code and the only driving offences which seems to reach a level of "criminal culpability" are that of 1.) driving under the influence and 2.) dangerous driving which is a relief! I guess my best bet is to answer "no" and then briefly explain the driving offence just in case it could come back to haunt me again later ( given that it is a criminal offence in Ireland, but apparently no so in Canada).
A criminal offence in Ireland to drink and drive, yet a cultural offence not to drink! Tough choice.